Frequently Asked Questions – Probate in New Zealand
Find answers to common questions about probate, letters of administration, and estate management in New Zealand.
What is probate in New Zealand?
Probate is the High Court process that confirms a will is valid and authorises the executor to administer the estate. All probate applications are filed with the Wellington High Court Probate Registry.
When is probate required in NZ?
Probate is generally needed when the deceased held assets in their sole name, such as land or property, or when a bank requires it. Until 23 September 2025 most institutions require probate if the value at any single institution exceeds $15,000. From 24 September 2025 this statutory threshold increases to $40,000, although individual banks may still apply lower internal limits.
When is probate not required in NZ?
If the value of sole-name assets at any one institution is below the relevant threshold ($15,000 until 23 September 2025, rising to $40,000 from 24 September 2025), or if the assets are jointly owned, have named beneficiaries such as life insurance or KiwiSaver, or are held in trust, probate is often unnecessary. Always check the specific bank or provider's policy.
How long does probate take in NZ?
Standard High Court processing is usually about 4–8 weeks; full administration typically takes 3–12 months depending on complexity.
Do you have to wait 6 months after probate to distribute?
There's no absolute rule to wait, but executors commonly wait six months because of claim periods under the Family Protection Act and Testamentary Promises Act; waiting provides protection when statutory steps are followed.
How much does probate cost in NZ?
The High Court filing fee is currently about $269. Professional fees vary with complexity; fixed-fee options can reduce uncertainty.
What documents are needed for a probate application?
The original will, an application for probate, supporting affidavit(s) of the executor, and correctly labelled exhibits per the instruction guide.
Where do I file probate in New Zealand?
All NZ probate applications are filed with the Wellington High Court Probate Registry.
Can I apply for probate online in NZ?
You can use the Courts 'File and Pay' service, but you must still post the original will and sworn/affirmed affidavit to the Wellington Probate Unit.
What happens after probate is granted?
Executors collect assets, pay debts and taxes, and then distribute to beneficiaries per the will—final distribution is often after the six-month period.
Can I access a deceased person's bank accounts before probate?
Banks generally freeze accounts upon notification of death. Executors/administrators gain access once probate or letters of administration are issued. Some banks release limited funds for small estates on statutory declaration; joint accounts usually pass to the survivor.
Who is next of kin in NZ for intestacy?
Priority typically runs: spouse/civil union or de facto partner (3+ years), children, parents, siblings, grandparents, aunts/uncles; if none, the Crown.
How are estates distributed without a will in NZ?
By statutory formula. For example, with spouse/partner and children, the spouse receives personal chattels, $155,000 plus interest, and one-third of the residue; children share two-thirds.
Do step-children inherit under intestacy in NZ?
Not unless legally adopted.
Do adopted children inherit under intestacy in NZ?
Legally adopted children inherit as if biological children.
What makes a will valid in NZ?
The will must be in writing, signed by the testator, and witnessed by two witnesses present together. The testator must have testamentary capacity and act freely.
Can a court validate a will that doesn't follow all formalities?
Yes—courts can validate documents that record testamentary intentions even if some formalities are missing, considering evidence of intention and circumstances.
What are Letters of Administration in NZ?
Authority granted by the High Court to an administrator to manage the estate when there is no valid will (intestacy).
What is a Will-Annexed application?
When there is a will but no executor can act, an administrator applies for Letters of Administration with Will Annexed.
How should I handle the original will and exhibit labels?
Use exhibit note stickers (glue, not staples), avoid obscuring text, never remove or add staples to the original will, and keep the original will separate from the affidavit.
What is the Notice of Choice of Option (for spouses/partners on intestacy)?
Where applicable, the spouse/partner signs it, exhibits a copy with the affidavit, and sends the original with the application.
How do I pay the High Court probate fee?
Via the Courts 'File and Pay' service (High Court Civil → Wellington → Probate) and include the receipt when posting your originals.
Can executors make interim distributions?
Sometimes—if adequate reserves are kept for potential claims and the risks are low; beneficiary indemnities are often recommended.
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